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HRLN
HANDBOOK ON
FOREST RIGHTS ACT
Photo courtesy: Frontline
EDITED BY: AHMED RAZA
:: CONTENTS ::
1. Preface …
2. What is Forest Rights Act? …
3. Process of rights recognition …
4. Who is eligible for rights under the Act …
5. Different authorities under Forest Rights Act :
Constitution, Power and Duty …
6. Steps for individual claim verification …
7. Grievance and Appeal …
8. What are the rights protected in the Act and how can one claim …
9. Provisions of Community Forest resources in the Act …
10. Evidence for determination of Forest Right …
11. Status of implementation in Jharkhand …
12. Conclusion …
I. Annexure 1: Scheduled Tribe and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006. …
II. Annexure II: Scheduled Tribes and Other Traditional
Forest Dwellers Recognition of Forest Rights) Amendment
Rules, 2012. …
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ABBREVIATIONS
CFR- Community Forest Resources
DFO- Divisional Forest Officer
DLC- District Level Committee
FRA- Forest Rights Act
FRC- Forest Rights Committee
GS- Gram Sabha
JJBA- Jharkhand Jungle Bachaao Abiyaan
MFP- Minor Forest Product
MoEF- Ministry of Environment and Forest
MoTA- Ministry of Tribal Affairs
NTFP- Non Timber Forest Produce
PESA- The Panchayats Extension to Scheduled Areas Act, 1996
PTG- Primitive Tribal Groups
RoR- Record of Rights
SC- Scheduled Caste
ST- Scheduled Tribes
SDLC- Sub-Divisional Level Committee
SLMC- State Level Monitoring Committee
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PREFACE
The Scheduled Tribes and Other Traditional forest Dwellers (Recognition of Forest
Rights) Act, 2006 came into force on December 31, 2007. The traditional rights of
the tribals hitherto been not recognised who have been residing in forests for
generations. The Act is a milestone in the field of recognizing forest rights in India.
The relationship between forest dwellers and forests, whether in India or
elsewhere in the world, is symbiotic by nature. Their co-existence has been
considered to be an integral part of their survival and sustainability. This is due to
multifarious factors like geographical, ecological, social, economic, religious and
cultural linkages between the people and the forest. Over time and again, natural
resources in India was exploited to fulfil the demands of rulers who hardly
bothered about the customary rights of forest dwellers and tribal people. The
same status prevailed even after independence as neither Colonial regime nor
successive governments in independence India recognised the rights of indigenous
population.
Forest Rights Act recognises and secures Community Rights or Rights over
Community Forest Resources, in addition to the Individual Rights. Recognition of
Community Rights is a landmark step which is expected to empower communities
so far being neglected and being victim of “historical injustice”. The Act also
recognises rights of vulnerable tribal groups on forest land and forest resources.
This booklet is an attempt to deal extensively with the forest rights claim, be it
individual or community rights or community forest resources. It throws light on
the who are eligible for claiming rights, process of right recognition, different
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